Buyer Curtailment. Buyer shall have the right to order Seller to curtail deliveries of Facility Energy through Buyer Curtailment Orders, provided that Buyer shall pay Seller for all Deemed Delivered Energy associated with a Buyer Curtailment Period at the Generation Rate.
Buyer Curtailment. PGE shall have the right to curtail deliveries of scheduled Energy, up to 400 hours each Contract Year (or prorata amount for any partial Contract Year) without compensation to Seller. The Guaranteed Output Threshold will be reduced by the number of MWhs subject to such a curtailment by PGE.
Buyer Curtailment. Buyer shall have the right to order Seller to curtail deliveries of PV Energy through Buyer Curtailment Orders, provided that Buyer shall pay Seller for all Deemed Delivered Energy associated with a Buyer Curtailment Period at the Renewable Rate, subject to the limitations of Section (b) of Exhibit C.
Buyer Curtailment. Buyer shall have no right to curtail its receipt of Net Energy from any portion of the Facility for any reason except as set forth herein. Seller shall not be required to curtail generation from the Facility or Net Energy delivered to Buyer except in the case, and to the extent, of (i) Force Majeure, or (ii) an emergency outage of the Buyer System that prevents Buyer from physically accepting delivery, (iii) an authorized instruction from Utility or a Government Authority to curtail delivery, or (iv) maintenance of the Buyer System requiring an outage of no more than 24 hours, provided that Buyer uses reasonable efforts to schedule any such outage for a period when the applicable portion of the Facility is not operating. In the event Buyer refuses or fails to accept delivery of any Net Energy for any other reason, Seller shall calculate the amount of Net Energy it would have produced and delivered to Buyer but for Buyer’s actions using the best available data as to the production capability of the Facility during the applicable period and the solar resource available during the applicable time in which curtailment occurred. The calculation shall take into consideration any actual operating experience of the Facility. The amount of Net Energy lost during the period of curtailment (the “Production Loss”) shall be included with any Net Energy actually delivered to Buyer during the applicable billing period and Buyer shall be obligated to pay Seller in accordance with Section 3.4 as if such Production Loss had been delivered to Buyer.
Buyer Curtailment. Buyer shall have the right to order Seller to curtail deliveries of Facility Energy through Buyer Curtailment Orders, provided that Buyer shall pay Seller for Deemed Delivered Energy in accordance with Exhibit C. Failure to Comply. Subject to Section 4.4(a), if Seller fails to comply with a Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order, then, for each MWh of Facility Energy that is delivered by the Facility to the Delivery Point in contradiction to the Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order, Seller shall pay Buyer for each such MWh at an amount equal to the sum of (A) + (B) + (C), where: (A) is the amount, if any, paid to Seller by Buyer for delivery of such excess MWh and, (B) is the sum, for all Settlement Intervals with a Negative LMP during the Buyer Curtailment Period or Curtailment Period, of the absolute value of the product of such excess MWh in each Settlement Interval and the Negative LMP for such Settlement Interval, and (C) is any penalties assessed to Buyer by the CAISO or other charges assessed by the CAISO resulting from Xxxxxx’s failure to comply with the Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order.
Buyer Curtailment. Buyer may cease or curtail receipt of Gas delivered by Seller which does not satisfy the warranty requirements of Section 6.1 or 6.2, as applicable, and Buyer may invoke remedies available to it pursuant to this Agreement, including under Section 2.4, with respect to all such Gas deliveries ceased or curtailed.
Buyer Curtailment. Buyer shall not curtail Energy from the Generating Facility except in the event of an Emergency or for a Buyer Scheduled Curtailment on the circuit to which the Generating Facility is connected (which Buyer Scheduled Curtailment is to be limited to no more than the Annual Daily Cap). If it is ultimately determined that a requested Buyer curtailment,
Buyer Curtailment. Except to the extent compliance would directly cause loss or recapture of any Tax Attributes, Seller shall reduce Buyer’s Share of generation from the Project as required pursuant to a Buyer Curtailment Order, provided that (a) the Buyer Curtailment Period shall not exceed the Buyer Curtailment Cap cumulatively per Contract Year (which may be consecutive or non-consecutive); and (b) Buyer shall pay Seller the Contract Price for Deemed Delivered Energy associated with a Buyer Curtailment Period. If multiple Project Offtakers issue overlapping Buyer Curtailment Orders, then any Deemed Delivered Energy during such period shall be allocated to Buyer on a pro rata basis in accordance with its Buyer’s Share.
Buyer Curtailment. Buyer shall have the right to order Seller to curtail deliveries of Facility Energy through Buyer Curtailment Orders, provided that Buyer shall pay Seller for Deemed Delivered Energy associated with a Buyer Curtailment Period in accordance with Exhibit C. Failure to Comply. If Seller fails to comply with a Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order, then, for each MWh of Facility Energy that is delivered by the Facility to the Delivery Point in contradiction to the Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order, Seller shall pay Buyer for each such MWh at an amount equal to the sum of (A) + (B) + (C), where: (A) is the amount, if any, paid to Seller by Buyer for delivery of such excess MWh and, (B) is the sum, for all Settlement Intervals with a Negative LMP during the Buyer Curtailment Period or Curtailment Period, of the absolute value of the product of such excess MWh in each Settlement Interval and the Negative LMP for such Settlement Interval, and (C) is any penalties assessed by the CAISO or other charges assessed by the CAISO resulting from Xxxxxx’s failure to comply with the Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order.
